Effect of Repurchase Notice; Withdrawal. Upon receipt by the Paying Agent of the Repurchase Notice specified in Section 3.01, the Holder of the Notes in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawn in accordance with the following paragraph) thereafter be entitled to receive solely the repurchase price with respect to such Notes. Such repurchase price shall be paid to such Holder, subject to receipt of funds and/or the Notes by the Paying Agent, promptly following the later of (x) the Fundamental Change Repurchase Date with respect to such Notes (provided the Holder has satisfied the conditions in Section 3.01) and (y) the time of book-entry transfer or delivery of such Notes to the Paying Agent by the Holder thereof in the manner required by Section 3.01. The Notes in respect of which a Repurchase Notice has been given by the Holder thereof may not be converted pursuant to Article 10 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. A Repurchase Notice may be withdrawn in whole or in part by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Repurchase Notice at any time prior to 5:00 p.m., New York City time, on the Business Day immediately preceding the Fundamental Change Repurchase Date specifying: (a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information, in accordance with appropriate Depositary procedures, if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note, (b) the principal amount of the Notes with respect to which such notice of withdrawal is being submitted, which amount must be an integral multiple of $1,000, and (c) the principal amount, if any, of such Notes which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase by the Company, which amount must be an integral multiple of $1,000. If a Repurchase Notice is properly withdrawn, the Company shall not be obligated to repurchase the Notes listed in such Repurchase Notice.
Appears in 2 contracts
Samples: Senior Convertible Notes Indenture (Central European Media Enterprises LTD), Indenture (CME Media Enterprises B.V.)
Effect of Repurchase Notice; Withdrawal. Upon receipt by the Paying Agent of the Repurchase Notice specified in Section 3.01or Designated Event Repurchase Notice, as the case may be, the Holder of the Notes Exchangeable Debenture in respect of which such Repurchase Notice or Designated Event Repurchase Notice, as the case may be, was given shall (unless such Repurchase Notice or Designated Event Repurchase Notice is validly withdrawn in accordance with the following paragraphthis Section 5.04) thereafter be entitled to receive solely the repurchase price with respect to such NotesExchangeable Debenture. Such repurchase price shall be paid to such Holder, subject to receipt of funds and/or the Notes by the Paying Agent, promptly following the later of (x) on the Fundamental Change day set forth in Section 5.02(g), in the case of a Repurchase Date with respect to such Notes (provided the Holder has satisfied the conditions in Section 3.01) and Notice, or (y) on the time of book-entry transfer or delivery of such Notes to the Paying Agent by the Holder thereof date set forth in Section 5.01(g), in the manner required by Section 3.01case of a Designated Event Repurchase Notice. The Notes Exchangeable Debentures in respect of which a Repurchase Notice or Designated Event Repurchase Notice, as the case may be, has been given by the Holder thereof may not be converted exchanged pursuant to Article 10 Article 5 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice or Designated Event Repurchase Notice, as the case may be, has first been validly withdrawn. A Repurchase Notice or Designated Event Repurchase Notice, as the case may be, may be withdrawn in whole or in part by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Repurchase Notice at any time prior to 5:00 p.m., New York City time, on the third Business Day immediately preceding prior to the Fundamental Change Designated Event Repurchase Date Date, or on the second Business Day immediately prior to the Repurchase Date, as the case may be, specifying:
(a) the certificate number, if any, name of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information, in accordance with appropriate Depositary procedures, if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,Holder;
(b) the certificate number(s) of all withdrawn Exchangeable Debentures in certificated form or that the notice of withdrawal complies with appropriate Depositary procedures with respect to all withdrawn Exchangeable Debentures represented by a Global Debenture;
(c) the principal amount of the Notes Exchangeable Debentures with respect to which such notice of withdrawal is being submitted, which amount must be an integral multiple of $1,000, ; and
(cd) the principal amountamount of Exchangeable Debentures, if any, of such Notes which that remains subject to the original Repurchase Notice or Designated Event Repurchase Notice, as the case may be, and which that has been or will be delivered for repurchase by the Company, which amount must be an integral multiple of $1,000. If a Repurchase Notice is properly withdrawn, the Company shall not be obligated to repurchase the Notes listed in such Repurchase Notice.
Appears in 2 contracts
Samples: Supplemental Indenture (Host Hotels & Resorts L.P.), Supplemental Indenture (Host Hotels & Resorts, Inc.)
Effect of Repurchase Notice; Withdrawal. Upon receipt by the Paying Agent of the Repurchase Notice specified in Section 3.01or Designated Event Repurchase Notice, as the case may be, the Holder of the Notes Debenture in respect of which such Repurchase Notice or Designated Event Repurchase Notice, as the case may be, was given shall (unless such Repurchase Notice is validly withdrawn in accordance with the following paragraphthis Section 3.08) thereafter be entitled to receive solely the repurchase price with respect to such NotesDebenture. Such repurchase price shall be paid to such Holder, subject to receipt of funds and/or the Notes by the Paying Agent, promptly within two (2) Business Days following the later of (x) the Fundamental Change Designated Event Repurchase Date or the Repurchase Date, as the case may be, with respect to such Notes Debenture (provided the Holder has satisfied the conditions in Section 3.01Section 3.05 or Section 3.06, as applicable) and (y) the time of book-entry transfer or delivery of such Notes Debenture to the Paying Agent by the Holder thereof in the manner required by Section 3.01Section 3.05 or Section 3.06. The Notes Debentures in respect of which a Repurchase Notice or Designated Event Repurchase Notice, as the case may be, has been given by the Holder thereof may not be converted exchanged pursuant to Article 10 Article 13 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice or Designated Event Repurchase Notice, as the case may be, has first been validly withdrawn. A Repurchase Notice or Designated Event Repurchase Notice, as the case may be, may be withdrawn in whole or in part by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Repurchase Notice at any time prior to 5:00 p.m., New York City time, on the second Business Day immediately preceding prior to the Fundamental Change Designated Event Repurchase Date Date, or on the Business Day immediately prior to the Repurchase Date, as the case may be, specifying:
(a) the certificate number, if any, name of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information, in accordance with appropriate Depositary procedures, if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,Holder;
(b) the certificate number(s) of all withdrawn Debentures in certificated form or that the notice of withdrawal complies with appropriate Depository procedures with respect to all withdrawn Debentures represented by a Global Debenture;
(c) the principal amount of the Notes Debentures with respect to which such notice of withdrawal is being submitted, which amount must be an integral multiple of $1,000, ; and
(cd) the principal amountamount of Debentures, if any, of such Notes which that remains subject to the original Repurchase Notice or Designated Event Repurchase Notice, as the case may be, and which that has been or will be delivered for repurchase by the Company, which amount must be an integral multiple of $1,000Issuer. If a Repurchase Notice or Designated Event Repurchase Notice, as the case may be, is properly withdrawn, the Company Issuer shall not be obligated to repurchase the Notes Debentures listed in such Repurchase Notice.
Appears in 1 contract
Effect of Repurchase Notice; Withdrawal. Upon receipt by the Paying Agent of the Fundamental Change Repurchase Notice specified in Section Section 3.01, the Holder of the Notes in respect of which such Fundamental Change Repurchase Notice was given shall (unless such Fundamental Change Repurchase Notice is validly withdrawn in accordance with the following paragraph) thereafter be entitled to receive solely the repurchase price with respect to such Notes. Such repurchase price shall be paid to such Holder, subject to receipt of funds and/or the Notes by the Paying Agent, promptly following the later of (x) the Fundamental Change Repurchase Date with respect to such Notes (provided the Holder has satisfied the conditions in Section Section 3.01) and (y) the time of book-entry transfer or delivery of such Notes to the Paying Agent by the Holder thereof in the manner required by Section Section 3.01. The Notes in respect of which a Fundamental Change Repurchase Notice has been given by the Holder thereof may not be converted pursuant to Article 10 Article 9 hereof on or after the date of the delivery of such Fundamental Change Repurchase Notice unless such Fundamental Change Repurchase Notice has first been validly withdrawn. A Fundamental Change Repurchase Notice may be withdrawn in whole or in part by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Company Repurchase Notice at any time prior to 5:00 p.m., New York City time, on the Business Day immediately preceding the Fundamental Change Repurchase Date specifying:
(a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information, in accordance with appropriate Depositary procedures, if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(b) the principal amount of the Notes with respect to which such notice of withdrawal is being submitted, which amount must be an integral multiple of $1,0001,000 or whole multiples thereof, and
(c) the principal amount, if any, of such Notes which remains subject to the original Fundamental Change Repurchase Notice and which has been or will be delivered for repurchase by the Company, which amount must be an integral multiple $1,000 or whole multiples thereof. Further, if a Holder holds a beneficial interest in a Global Note, the notice of $1,000withdrawal must comply with applicable Depositary procedures. If a Fundamental Change Repurchase Notice is properly withdrawn, the Company shall not be obligated to repurchase the Notes listed in such Fundamental Change Repurchase Notice.
Appears in 1 contract
Effect of Repurchase Notice; Withdrawal. Upon receipt by the Paying Agent of the Repurchase Notice specified in Section 3.01Section 3.05 or Section 3.06, the Holder holder of the Notes Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawn in accordance with the following paragraph) thereafter be entitled to receive solely the repurchase price with respect to such NotesNote. Such repurchase price shall be paid to such Holderholder, subject to receipt of funds and/or the Notes by the Paying Agent, promptly following the later of (x) the Fundamental Change Repurchase Date or the Repurchase Date with respect to such Notes Note (provided the Holder holder has satisfied the conditions in Section 3.01Section 3.05 or Section 3.06) and (y) the time of book-entry transfer or delivery of such Notes Note to the Paying Agent by the Holder holder thereof in the manner required by Section 3.01Section 3.05 or Section 3.06. The Notes in respect of which a Repurchase Notice has been given by the Holder holder thereof may not be converted pursuant to Article 10 Article 15 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. A Repurchase Notice may be withdrawn in whole or in part by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Repurchase Notice at any time prior to 5:00 p.m., New York City time, on the Business Day immediately preceding the Fundamental Change Repurchase Date or Repurchase Date, as the case may be, specifying:
(a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information, in accordance with appropriate Depositary procedures, if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(b) the principal amount of the Notes Note with respect to which such notice of withdrawal is being submitted, which amount must be an integral multiple of $1,000, and
(c) the principal amount, if any, of such Notes Note which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase by the Company, which amount must be an integral multiple of $1,000. If a Repurchase Repuchase Notice is properly withdrawn, the Company shall not be obligated to repurchase the Notes listed in such Repurchase Notice.
Appears in 1 contract
Effect of Repurchase Notice; Withdrawal. Upon receipt by the Paying Agent of the Repurchase Notice specified in Section 3.01or Designated Event Repurchase Notice, as the case may be, the Holder of the Notes Debenture in respect of which such Repurchase Notice or Designated Event Repurchase Notice, as the case may be, was given shall (unless such Repurchase Notice is validly withdrawn in accordance with the following paragraphthis Section 3.08) thereafter be entitled to receive solely the repurchase price with respect to such NotesDebenture. Such repurchase price shall be paid to such Holder, subject to receipt of funds and/or the Notes by the Paying Agent, promptly within two (2) Business Days following the later of (x) the Fundamental Change Designated Event Repurchase Date or the Repurchase Date, as the case may be, with respect to such Notes Debenture (provided the Holder has satisfied the conditions in Section 3.01Section 3.05 or Section 3.06, as applicable) and (y) the time of book-entry transfer or delivery of such Notes Debenture to the Paying Agent by the Holder thereof in the manner required by Section 3.01Section 3.05 or Section 3.06. The Notes Debentures in respect of which a Repurchase Notice or Designated Event Repurchase Notice, as the case may be, has been given by the Holder thereof may not be converted exchanged pursuant to Article 10 Article 13 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice or Designated Event Repurchase Notice, as the case may be, has first been validly withdrawn. A Repurchase Notice or Designated Event Repurchase Notice, as the case may be, may be withdrawn in whole or in part by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Repurchase Notice at any time prior to 5:00 p.m., New York City time, on the second Business Day immediately preceding prior to the Fundamental Change Designated Event Repurchase Date Date, or on the Business Day immediately prior to the Repurchase Date, as the case may be, specifying:
(a) the certificate number, if any, name of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information, in accordance with appropriate Depositary procedures, if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,Holder;
(b) the certificate number(s) of all withdrawn Debentures in certificated form or that the notice of withdrawal complies with appropriate Depositary procedures with respect to all withdrawn Debentures represented by a Global Debenture;
(c) the principal amount of the Notes Debentures with respect to which such notice of withdrawal is being submitted, which amount must be an integral multiple of $1,000, ; and
(cd) the principal amountamount of Debentures, if any, of such Notes which that remains subject to the original Repurchase Notice or Designated Event Repurchase Notice, as the case may be, and which that has been or will be delivered for repurchase by the Company, which amount must be an integral multiple of $1,000Issuer. If a Repurchase Notice or Designated Event Repurchase Notice, as the case may be, is properly withdrawn, the Company Issuer shall not be obligated to repurchase the Notes Debentures listed in such Repurchase Notice.
Appears in 1 contract
Effect of Repurchase Notice; Withdrawal. Upon receipt by the Paying Agent of the Repurchase Notice specified in Section 3.01or Designated Event Repurchase Notice, as the case may be, the Holder of the Notes Note in respect of which such Repurchase Notice or Designated Event Repurchase Notice, as the case may be, was given shall (unless such Repurchase Notice is validly withdrawn in accordance with the following paragraphthis Section 3.08) thereafter be entitled to receive solely the repurchase price with respect to such NotesNote. Such repurchase price shall be paid to such Holder, subject to receipt of funds and/or the Notes by the Paying Agent, promptly within two (2) Business Days following the later of (x) the Fundamental Change Designated Event Repurchase Date or the Repurchase Date, as the case may be, with respect to such Notes Note (provided the Holder has satisfied the conditions in Section 3.01Section 3.05 or Section 3.06, as applicable) and (y) the time of book-entry transfer or delivery of such Notes Note to the Paying Agent by the Holder thereof in the manner required by Section 3.01Section 3.05 or Section 3.06. The Notes in respect of which a Repurchase Notice or Designated Event Repurchase Notice, as the case may be, has been given by the Holder thereof may not be converted exchanged pursuant to Article 10 Article 13 hereof on or after the date of the delivery of such Repurchase Notice or Designated Event Repurchase Notice unless such Repurchase Notice or Designated Event Repurchase Notice, as the case may be, has first been validly withdrawn. A Repurchase Notice or Designated Event Repurchase Notice, as the case may be, may be withdrawn in whole or in part by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Repurchase Notice at any time prior to 5:00 p.m., New York City time, on the second Business Day immediately preceding prior to the Fundamental Change Designated Event Repurchase Date Date, or on the second Business Day immediately prior to the Repurchase Date, as the case may be, specifying:
(a) the certificate number, if any, name of the Note Holder;
(b) the certificate number(s) of all withdrawn Notes in respect of which such certificated form or that the notice of withdrawal is being submitted, or the appropriate Depositary information, in accordance complies with appropriate Depositary procedures, if the Note in procedures with respect of which such notice of withdrawal is being submitted is to all withdrawn Notes represented by a Global Note,;
(bc) the principal amount of the Notes with respect to which such notice of withdrawal is being submitted, which amount must be in an integral multiple of $1,000; and
(d) the principal amount of Notes, if any, that remains subject to the original Repurchase Notice or Designated Event Repurchase Notice, as the case may be, which must be in an integral multiple of $1,000, and
(c) the principal amount, if any, of such Notes which remains subject to the original Repurchase Notice and which that has been or will be delivered for repurchase by the Company, which amount must be an integral multiple of $1,000Issuer. If a Repurchase Notice or Designated Event Repurchase Notice, as the case may be, is properly withdrawn, the Company Issuer shall not be obligated to repurchase the Notes listed in such Repurchase Notice.
Appears in 1 contract
Samples: Indenture (BioMed Realty Trust Inc)
Effect of Repurchase Notice; Withdrawal. Upon receipt by the Paying Agent of the Repurchase Notice specified in Section Section 3.01, the Holder of the Notes in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawn in accordance with the following paragraph) thereafter be entitled to receive solely the repurchase price with respect to such Notes. Such repurchase price shall be paid to such Holder, subject to receipt of funds and/or the Notes by the Paying Agent, promptly following the later of (x) the Fundamental Change Repurchase Date with respect to such Notes (provided the Holder has satisfied the conditions in Section Section 3.01) and (y) the time of book-entry transfer or delivery of such Notes to the Paying Agent by the Holder thereof in the manner required by Section Section 3.01. The Notes in respect of which a Repurchase Notice has been given by the Holder thereof may not be converted pursuant to Article Article 10 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. A Repurchase Notice may be withdrawn in whole or in part by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Repurchase Notice at any time prior to 5:00 p.m., New York City time, on the Business Day immediately preceding the Fundamental Change Repurchase Date specifying:
(a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information, in accordance with appropriate Depositary procedures, if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(b) the principal amount of the Notes with respect to which such notice of withdrawal is being submitted, which amount must be an integral multiple of $1,000, and
(c) the principal amount, if any, of such Notes which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase by the Company, which amount must be an integral multiple of $1,000. If a Repurchase Notice is properly withdrawn, the Company shall not be obligated to repurchase the Notes listed in such Repurchase Notice.
Appears in 1 contract
Samples: Senior Convertible Notes Indenture (CME Media Enterprises B.V.)
Effect of Repurchase Notice; Withdrawal. Upon receipt by the Paying Agent of the Designated Event Repurchase Notice specified in Section 3.01Notice, the Holder of the Notes Note in respect of which such Designated Event Repurchase Notice was given shall (unless such Designated Event Repurchase Notice is validly withdrawn in accordance with the following paragraphthis Section 3.04) thereafter be entitled to receive solely the repurchase price with respect to such NotesNote. Such repurchase price shall be paid to such Holder, subject to receipt of funds and/or the Notes by the Paying Agent, promptly following the later of (x) the Fundamental Change Repurchase Date with respect to such Notes (provided the Holder has satisfied the conditions in Section 3.01) and (y) the time of book-entry transfer or delivery of such Notes to the Paying Agent by the Holder thereof in the manner required by Section 3.01. The Notes in respect of which a Designated Event Repurchase Notice has been given by the Holder thereof may not be converted pursuant to Article 10 Article 13 hereof on or after the date of the delivery of such Designated Event Repurchase Notice unless such Designated Event Repurchase Notice has first been validly withdrawn. A Designated Event Repurchase Notice may be withdrawn in whole or in part by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Repurchase Notice at any time prior to 5:00 p.m., New York City time, on the second Business Day immediately preceding prior to the Fundamental Change Designated Event Repurchase Date specifying:
(a) the certificate number, if any, name of the Note Holder;
(b) the certificate number(s) of all withdrawn Notes in respect of which such certificated form or that the notice of withdrawal is being submitted, or the appropriate Depositary information, in accordance complies with appropriate Depositary procedures, if the Note in procedures with respect of which such notice of withdrawal is being submitted is to all withdrawn Notes represented by a Global Note,;
(bc) the principal amount of the Notes with respect to which such notice of withdrawal is being submitted, which amount must be an integral multiple of $1,000, ; and
(cd) the principal amountamount of Notes, if any, of such Notes which that remains subject to the original Designated Event Repurchase Notice and which that has been or will be delivered for repurchase by the Company, which amount must be an integral multiple of $1,000. If a Designated Event Repurchase Notice is properly withdrawn, the Company shall not be obligated to repurchase the Notes listed in such Designated Event Repurchase Notice.
Appears in 1 contract
Samples: Indenture (GLG Partners, Inc.)
Effect of Repurchase Notice; Withdrawal. Upon receipt by the Paying Agent of the Repurchase Notice specified in Section 3.01or Designated Event Repurchase Notice, as the case may be, the Holder of the Notes Exchangeable Debenture in respect of which such Repurchase Notice or Designated Event Repurchase Notice, as the case may be, was given shall (unless such Repurchase Notice or Designated Event Repurchase Notice is validly withdrawn in accordance with the following paragraphthis Section 5.04) thereafter be entitled to receive solely the repurchase price with respect to such NotesExchangeable Debenture. Such repurchase price shall be paid to such Holder, subject to receipt of funds and/or the Notes by the Paying Agent, promptly following the later of (x) on the Fundamental Change day set forth in Section 5.02(g), in the case of a Repurchase Date with respect to such Notes (provided the Holder has satisfied the conditions in Section 3.01) and Notice, or (y) on the time of book-entry transfer or delivery of such Notes to the Paying Agent by the Holder thereof date set forth in Section 5.01(g), in the manner required by Section 3.01case of a Designated Event Repurchase Notice. The Notes Exchangeable Debentures in respect of which a Repurchase Notice or Designated Event Repurchase Notice, as the case may be, has been given by the Holder thereof may not be converted exchanged pursuant to Article 10 Article 5 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice or Designated Event Repurchase Notice, as the case may be, has first been validly withdrawn. A Repurchase Notice or Designated Event Repurchase Notice, as the case may be, may be withdrawn in whole or in part by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Repurchase Notice at any time prior to 5:00 p.m., New York City time, on the third Business Day immediately preceding prior to the Fundamental Change Designated Event Repurchase Date Date, or on the second Business Day immediately prior to the Repurchase Date, as the case may be, specifying:
(a) the certificate number, if any, name of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information, in accordance with appropriate Depositary procedures, if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,Holder;
(b) the certificate number(s) of all withdrawn Exchangeable Debentures in certificated form or that the notice of withdrawal complies with appropriate Depository procedures with respect to all withdrawn Exchangeable Debentures represented by a Global Debenture;
(c) the principal amount of the Notes Exchangeable Debentures with respect to which such notice of withdrawal is being submitted, which amount must be an integral multiple of $1,000, ; and
(cd) the principal amountamount of Exchangeable Debentures, if any, of such Notes which that remains subject to the original Repurchase Notice or Designated Event Repurchase Notice, as the case may be, and which that has been or will be delivered for repurchase by the Company, which amount must be an integral multiple of $1,000. If a Repurchase Notice is properly withdrawn, the Company shall not be obligated to repurchase the Notes listed in such Repurchase Notice.
Appears in 1 contract
Samples: Supplemental Indenture (Host Hotels & Resorts, Inc.)
Effect of Repurchase Notice; Withdrawal. Upon receipt by the Paying Agent of the Repurchase Notice specified in Section 3.01or Designated Event Repurchase Notice, as the case may be, the Holder of the Notes Note in respect of which such Repurchase Notice or Designated Event Repurchase Notice, as the case may be, was given shall (unless such Repurchase Notice is validly withdrawn in accordance with the following paragraphthis Section 3.08) thereafter be entitled to receive solely the repurchase price with respect to such NotesNote. Such repurchase price shall be paid to such Holder, subject to receipt of funds and/or the Notes by the Paying Agent, promptly within two (2) Business Days following the later of (x) the Fundamental Change Designated Event Repurchase Date or the Repurchase Date, as the case may be, with respect to such Notes Note (provided the Holder has satisfied the conditions in Section 3.01Section 3.05 or Section 3.06, as applicable) and (y) the time of book-entry transfer or delivery of such Notes Note to the Paying Agent by the Holder thereof in the manner required by Section 3.01Section 3.05 or Section 3.06. The Notes in respect of which a Repurchase Notice or Designated Event Repurchase Notice, as the case may be, has been given by the Holder thereof may not be converted exchanged pursuant to Article 10 Article 13 hereof on or after the date of the delivery of such Repurchase Notice or Designated Event Repurchase Notice unless such Repurchase Notice or Designated Event Repurchase Notice, as the case may be, has first been validly withdrawn. A Repurchase Notice may be withdrawn in whole or in part by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Repurchase Notice at any time prior to 5:00 p.m., New York City time, on the Business Day immediately preceding the Fundamental Change Repurchase Date specifying:
(a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information, in accordance with appropriate Depositary procedures, if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(b) the principal amount of the Notes with respect to which such notice of withdrawal is being submitted, which amount must be an integral multiple of $1,000, and
(c) the principal amount, if any, of such Notes which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase by the Company, which amount must be an integral multiple of $1,000. If a Repurchase Notice is properly withdrawn, the Company shall not be obligated to repurchase the Notes listed in such Repurchase Notice.
Appears in 1 contract
Samples: Indenture (BioMed Realty Trust Inc)
Effect of Repurchase Notice; Withdrawal. Upon receipt by the Paying Agent of the Repurchase Notice specified in Section 3.01Section 4.01 or Section 4.02, as applicable, the Holder holder of the Notes Debentures in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawn in accordance with the following paragraph) thereafter be entitled to receive solely the repurchase price Fundamental Change Repurchase Price or Repurchase Price, as applicable, with respect to such NotesDebentures. Such repurchase price Fundamental Change Repurchase Price or Repurchase Price, as applicable, shall be paid to such Holderholder, subject to receipt of funds and/or the Notes Debentures by the Paying Agent, promptly following the later of (x) the Fundamental Change Repurchase Date or the Repurchase Date with respect to such Notes Debentures (provided the Holder holder has satisfied the conditions in Section 3.01Section 4.01 or Section 4.02, as applicable) and (y) the time of book-entry transfer or delivery of such Notes Debentures to the Paying Agent by the Holder holder thereof in the manner required by Section 3.01Section 4.01 or Section 4.02, as applicable. The Notes Debentures in respect of which a Repurchase Notice has been given by the Holder holder thereof may not be converted pursuant to Article Article 10 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. A Repurchase Notice may be withdrawn in whole or in part by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Repurchase Notice at any time prior to 5:00 p.m., New York City time, on the Business Day immediately preceding the Fundamental Change Repurchase Date or the Repurchase Date, as the case may be, specifying:
(a) the certificate number, if any, number of the Note Debentures in respect of which such notice of withdrawal is being submittedsubmitted (if the Debentures are certificated), or the appropriate Depositary information, information in accordance with appropriate Depositary procedures, procedures (if the Note Debentures in respect of which such notice of withdrawal is being submitted is represented by a Global Note,Debenture);
(b) the principal amount of the Notes Debentures with respect to which such notice of withdrawal is being submitted, which amount must be an integral multiple of $1,000, ; and
(c) the principal amount, if any, of such Notes Debentures which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase by the Company, which amount must be an integral multiple of $1,000. If a Repurchase Notice is properly withdrawn, the Company shall not be obligated to repurchase the Notes Debentures listed in such Repurchase Notice.
Appears in 1 contract
Samples: First Supplemental Indenture (Covanta Holding Corp)
Effect of Repurchase Notice; Withdrawal. Upon receipt by the Paying Agent Trustee (or other paying agent appointed by the Company) of the Repurchase Notice specified in Section 3.01Section 3.05 or Section 3.06, the Holder holder of the Notes Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawn in accordance with the following paragraph) thereafter be entitled to receive solely the repurchase purchase price with respect to such NotesNote. Such repurchase purchase price shall be paid to such Holderholder, subject to receipt of funds and/or the Notes by the Paying AgentTrustee (or other paying agent appointed by the Company), promptly following the later of (x) the Repurchase Date or the Fundamental Change Repurchase Date with respect to such Notes Note (provided the Holder holder has satisfied the conditions in Section 3.01Section 3.05 or Section 3.06) and (y) the time of book-entry transfer or delivery of such Notes Note to the Paying Agent Trustee (or other paying agent appointed by the Holder Company) by the holder thereof in the manner required by Section 3.01Section 3.05 or Section 3.06. The Notes in respect of which a Repurchase Notice has been given by the Holder holder thereof may not be converted pursuant to Article 10 Article 16 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. A Repurchase Notice may be withdrawn in whole or in part by means of a written notice of withdrawal delivered to the office of the Paying Agent Trustee (or other paying agent appointed by the Company) in accordance with the Repurchase Notice at any time prior to 5:00 p.m., New York City time, the close of business on the Business Day immediately preceding Repurchase Date or the Fundamental Change Repurchase Date Date, specifying:
(a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information, in accordance with appropriate Depositary procedures, if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(b) the principal amount of the Notes Note with respect to which such notice of withdrawal is being submitted, which amount must be an integral multiple of $1,000, and
(c) the principal amount, if any, of such Notes Note which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase purchase by the Company, which amount must be an integral multiple of $1,000. If a Repurchase Notice is properly withdrawn, the Company shall not be obligated to repurchase the Notes listed in such Repurchase Notice.
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Effect of Repurchase Notice; Withdrawal. Upon receipt by the Paying Agent of the Repurchase Notice specified in Section Section 3.01, the Holder of the Notes in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawn in accordance with the following paragraph) thereafter be entitled to receive solely the repurchase price with respect to such Notes. Such repurchase price shall be paid to such Holder, subject to receipt of funds and/or the Notes by the Paying Agent, promptly following the later of (x) the Fundamental Change Repurchase Date with respect to such Notes (provided the Holder has satisfied the conditions in Section Section 3.01) and (y) the time of book-entry transfer or delivery of such Notes to the Paying Agent by the Holder thereof in the manner required by Section Section 3.01. The Notes in respect of which a Repurchase Notice has been given by the Holder thereof may not be converted pursuant to Article Article 10 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. A Repurchase Notice may be withdrawn in whole or in part by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Repurchase Notice at any time prior to 5:00 p.m., New York City time, on the Business Day immediately preceding the Fundamental Change Repurchase Date specifying:
(a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information, in accordance with appropriate Depositary procedures, if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(b) the principal amount of the Notes with respect to which such notice of withdrawal is being submitted, which amount must be an integral multiple of $1,000, and
(c) the principal amount, if any, of such Notes which remains subject to the original Repurchase Notice and which has been or will be delivered for repurchase by the Company, which amount must be an integral multiple of $1,000. If a Repurchase Notice is properly withdrawn, the Company shall not be obligated to repurchase the Notes listed in such Repurchase Notice.
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Effect of Repurchase Notice; Withdrawal. (a) Upon receipt by the Paying Agent of the Repurchase Notice specified in Section 3.01Section 3.01(c), the Holder of the Notes in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is validly withdrawn as specified in accordance with the following paragraphthis Section 3.02) thereafter be entitled to receive solely the repurchase price Repurchase Price with respect to such Notes. Such repurchase price Repurchase Price shall be paid to such Holder, subject to receipt of funds and/or the Notes by the Paying Agent, promptly Agent to such Holder as soon as practicable following the later of (x) the Fundamental Change Repurchase Date with respect to such Notes (provided the Holder has satisfied the conditions in Section 3.01Section 3.01(c) have been satisfied) and (y) the time of delivery or book-entry transfer or delivery of such Notes to the Paying Agent by the Holder thereof in the manner required by Section 3.01Section 3.01(c). The Notes in respect of which a Repurchase Notice has been given by the Holder thereof may not be converted pursuant to Article 10 hereof into Common Stock on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn. withdrawn as specified in this Section 3.02.
(b) A Repurchase Notice may be withdrawn in whole or in part by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Repurchase Notice at any time prior to 5:00 p.m., New York City time, the Close of Business on the Business Day immediately preceding the Fundamental Change Repurchase Date specifyingto which it relates. Such notice of withdrawal shall state:
(a) the certificate number, if any, of the Note in respect of which such notice of withdrawal is being submitted, or the appropriate Depositary information, in accordance with appropriate Depositary procedures, if the Note in respect of which such notice of withdrawal is being submitted is represented by a Global Note,
(bi) the principal amount being withdrawn;
(ii) if Certificated Notes are to be withdrawn, the certificate numbers of the Notes being withdrawn (or, if Global Notes or a portion thereof are to be withdrawn, that such Holder has complied with the Applicable Procedures in respect of the withdrawal of such Holder’s election to which such notice exercise its repurchase rights pursuant to Section 3.01 of withdrawal is being submitted, which amount must be an integral multiple of $1,000, this Indenture); and
(ciii) the principal amount, if any, of such the Notes which remains that remain subject to the original a Repurchase Notice and which has been or will be delivered for repurchase by the Company, which amount must be an integral multiple of $1,000Notice. If Global Notes or a Repurchase Notice is properly portion thereof are to be withdrawn, such Holder must comply with the Company shall not be obligated Applicable Procedures in respect of the withdrawal of such Holder’s election to exercise its repurchase the Notes listed in such Repurchase Noticerights pursuant to Section 3.01 of this Indenture.
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Samples: Indenture (Healthsouth Corp)